Legal Opinion

Fourth National Bank v. City of Greenville

Supreme Court of South Carolina

Decided March 25, 1912No. 8146PublishedCited by 6 opinions

Before Gagd, J., Greenville, March 'term, 1911. Action by the Fourth National Bank of Greenville against the City of Greenville.

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Before Gagd, J., Greenville, March 'term, 1911. Action by the Fourth National Bank of Greenville against the City of Greenville. The 'Circuit decree is>: “This is an-action at law -to -recover $912.64 tax money, which the -plaintiff claims -the defendants wrongly exacted from- it in the month of May, 1909. “At 'the conclusion of the plaintiff’s testimony, the defendant offering none, but relying on the same facts proved- by the plaintiff, botín sides moved for the direction of a verdict. “It therefore appeared that there was no issue of fact for •the jury; so I discharged the jury and heard…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This action was instituted in- Lire Court of Common Pleas for'Greenville county on March 5, 1910, for the recovery of $912.64, with interest from May 10, 1909, on account of municipal taxes alleged to have been wrong’ful-ly and unlawfully collected by the defendant from the plaintiff on May 10, 1909, and paid under protest. The plaintiff’s claim is based upon these facts: As a National bank it was organized and1 started business in July, 1908. In February, 1909, it lodged with the county auditor a list of its stockholders, in…

2Cases cited1 opinion

  1. Milster v. City CouncilSupreme Court of South Carolina · 1904

3Cited by6 opinions

  1. Chicago, Milwaukee, & Puget Sound Railway Co. v. Bowman CountyNorth Dakota Supreme Court · 1915
  2. Epworth Orphanage v. Wilson, County Treas.Supreme Court of South Carolina · 1937
  3. Weathers v. City of LaurensSupreme Court of South Carolina · 1938
  4. Adderton v. Aetna Casualty & Surety Co.Supreme Court of South Carolina · 1937
  5. State Ex Rel. Hooten v. HootenCourt of Appeals of Tennessee · 1925

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